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The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
the Combines Investigation Act, either in whole or in part, was intra vires Parliament under s. 91(2) of the Constitution Act, 1867, and; s. 31.1 of the Act [5] (which created a civil cause of action) was integrated with the Act in such a way that it too was intra vires under s. 91(2)
L'Union St. Jacques de Montreal v Bélisle was the first case in which the Judicial Committee gave any detailed analysis of the interplay between s. 91 and s. 92 of the Constitution Act 1867, which are at the heart of the constitutional division of powers between the federal government and the provinces in Canada.
First examined in Citizen's Insurance Co. v. Parsons (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: . The words "regulation of trade and commerce," in their unlimited sense are sufficiently wide, if uncontrolled by the context and other parts of the Act, to include every regulation of trade ranging from political arrangements in regard to ...
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada , including its federal structure , the House of Commons ...
In opposition to that federal power, Cushing argued that the province had exclusive jurisdiction over "property and civil rights" under s. 92(13) of the British North America Act, 1867, as well as exclusive jurisdiction over civil procedure in the provincial courts (s. 92(14)), which would potentially include appeals. [6]
Canada's Constitution Act, 1867 – Section 91: Powers of the Parliament; Peace, Order and Good Government at Marianopolis College; POGG at constitutional-law.net; Canadians and their Government – a resource guide full of information and a wide range of activities that allow young Canadians to learn more about their government and its ...
Section 91(27) is by and large the broadest of the enumerated powers allocated to the federal government. As noted by Estey J. in Scowby v. Glendinning: 11. ...The terms of s. 91(27) of the Constitution must be read as assigning to Parliament exclusive jurisdiction over criminal law in the widest sense of the term.